Togo: Professor Hounaké Challenges ECOWAS Court Constitutional Ruling

Professor Kossi Hounaké, President of the University of Lomé and a public law specialist, publicly challenged the jurisdiction and scope of a January 29, 2026, ruling by the ECOWAS Court of Justice concerning Togo's 2024 constitutional reform, on November 2. He argued that the regional court's competence is strictly limited to human rights issues, and since the court itself found no human rights violations in the Togolese case, its declaration that the reform constituted an “unconstitutional change of government” was beyond its remit and “laconique.” Furthermore, Professor Hounaké dismissed a follow-up letter from the ECOWAS Court to the Togolese Ministry of Justice, which sought the implementation of the ruling, as “empty,” emphasizing the principle of national sovereignty. The ECOWAS Court's decision, though rendered in January 2026, was only made public in June and notably did not annul the May 6, 2024 Constitution nor impose sanctions on the Togolese state.

This public stance by a prominent Togolese legal scholar, which aligns with the position of Togolese authorities, highlights a significant jurisdictional dispute between a regional supranational court and a sovereign member state, potentially undermining the perceived authority and enforceability of ECOWAS Court judgments within the region. The controversy centers on the interpretation of the ECOWAS Court's mandate and the extent to which it can intervene in the constitutional affairs of member states, particularly when direct human rights violations are not explicitly found. This situation creates legal uncertainty regarding the hierarchy of norms and the ultimate enforceability of regional judicial decisions against the backdrop of national sovereignty claims.

The legal context for this dispute involves the Revised Treaty of ECOWAS (1993) and its Supplementary Protocol (2005), which establish the ECOWAS Court of Justice and define its jurisdiction, including human rights. The core of Professor Hounaké's argument rests on a narrow interpretation of the Court's human rights mandate, contrasting with the Court's broader finding of an “unconstitutional change of government.” This tension implicates fundamental principles of international law, such as state sovereignty, and the evolving nature of regional integration and judicial oversight. The key parties involved are Professor Kossi Hounaké, the ECOWAS Court of Justice, and the Togolese State, with the 2024 constitutional reform being the central subject matter of the dispute.

Attorneys and legal professionals operating in Togo and the broader ECOWAS region should closely monitor the ongoing discourse and any official responses from the Togolese government regarding the ECOWAS Court's ruling and its potential enforcement. This situation underscores the persistent challenges in enforcing regional court judgments against sovereign states, especially when issues of constitutional reform and national sovereignty are invoked. Businesses and investors should be aware of the legal and political risks associated with such jurisdictional conflicts, as they can impact legal certainty and the rule of law within the region. The outcome of this matter, particularly concerning the enforcement of the ECOWAS Court's decision and the Togolese government's ultimate response, is not yet reported.